GTN Web design & Hosting services
Terms & Conditions
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Web Hosting Policies and Service Agreement: All customers must abide by the following Terms and Conditions of service: WEB HOSTING SERVICE AGREEMENT This Web Hosting Agreement (this
"Agreement") sets forth the terms and conditions of your use of GTN Web
1. Scope of Services and your obligations 1.1. This Agreement defines the
terms and conditions of our services as offered by GTN Web design & Hosting
1.2. As part of the Services, we
will also provide your own web-based control panel (the "Control Panel")
containing links 1.3. You are responsible for
producing, electronically uploading and maintaining HTML files, execution
scripts, 1.4. In connection with the
Services, we may provide for your use certain tools and software, including, but
not limited to, 1.5. We reserve the right to monitor our systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not our intention that our Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law. 1.6. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that we are a "service provider" under the DMCA and are therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, we will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, we have a policy of terminating accountholders who are copyright infringers. 1.7. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on our servers nor the links to other websites are screened, approved, reviewed or endorsed.. We are not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not our statements of advice, opinion or information. 2. Limited Warranty; Limitation of Liability; Indemnification 2.1. Limited Warranty. You acknowledge that the Services are provided "as is" Neither we, nor any of our employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. We are not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non-infringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will we be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services. 2.2. Limitation of Liability. IN
NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES
RELATED TO
CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT
OR YOUR USE OR INABILITY TO USE OUR SERVICES
(INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL OUR MAXIMUM
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE
SERVICES DURING THE PRIORTWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW
DOES NOT ALLOW THE LIMITATION OF LIABILITY 2.3. Indemnification. You agree
to indemnify, defend and hold us and our affiliates, directors, officers,
employees and agents
harmless from and against any liabilities, losses, damages
or costs, including reasonable attorneys' fees, resulting from any
third-party
claim, action, dispute or demand related to your use of the Services, your
violation of any of the provisions of this
Agreement, or from your placement or
transmission of any materials or content onto our servers. Such liabilities may
include,
but are not limited to, those arising from the following: (a) With
respect to your business, (i) infringement or misappropriation of any
intellectual property rights; (ii) defamation, libel, slander, obscenity,
pornography, or violation of the rights of privacy or publicity;
or (iii)
spamming, or any other offensive, harassing or illegal conduct or violation of
the acceptable uses described herein 3. Payment of Fees 3.1. We will publish a notice of fee increases 30 days before such increases take effect on the web site. 3.2. You agree to provide us with
accurate and complete billing information, including your legal name, address, 3.3. You acknowledge responsibility for your account until payment in full is made. 4. Acceptable Uses 4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services
only for lawful purposes, in compliance with all applicable laws. Illegality
includes, When we become aware of possible
violations of this Agreement, we may initiate an investigation that may include
gathering information from you and the complaining party, if any, and
examination of material on our servers. We, in our sole discretion, will
determine what action will be taken in response to a violation on a case-by-case
basis. BY ACCEPTING THIS AGREEMENT, YOU
AGREE TO WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS 4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses on our servers. You may not post, upload or otherwise distribute copyrighted material on our servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. We support free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, we will not substitute itself for a court of law in deciding tort claims raised by the third party. 4.3. Email Use. Unacceptable
affronts to netiquette and unacceptable activities include, but are not limited
to, the following:
spamming (sending unsolicited advertising to those with which
you have no existing business relationship and posting off-topic advertising in
newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or
sending an email message that does not contain enough
information to enable the recipient to identify you); passive spamming
(promoting a website hosted by us by spamming from some other source); trolling
(posting controversial messages in
newsgroups to generate responses);
mailbombing (inundating a user with email without any serious intent to
correspond or
sending large or multiple files to a user); generating a higher
volume of outgoing mail than a normal user
(over 10% of available system
resources); propagating chain letters; and subscribing someone else to an
electronic
mailing list without that person's permission. A message is
considered unsolicited if it is posted in violation of a newsgroup
charter or
sent to a recipient who has not requested the message. Making an email address
available to the public does
not constitute a request to receive messages.
Distribution of mass emailing programs is also prohibited. All recipients
on a
mailing list must have personally subscribed. Mailing lists may not be used to
distribute unsolicited email. You should not send email to any user who does not wish to receive it, either here or elsewhere. We recognize that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of
email messages to disguise their identity or to prevent users from responding to Violations of our policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that our resources are affected, our staff may shut down your mailbox. 4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on our servers or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations
of system security, we reserve the right to release all usernames of users 4.5. System Resources. System abuse includes any use of our resources that disrupts the normal use of its servers or services for others. Examples of system abuse include; running excessive numbers of processes, or consuming excessive amounts of CPU time, memory, or disk space. Any usage of 10% or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice. Further, running programs in the background on one of our servers without our prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of our servers. 5. Right to Terminate Agreement (a) We reserve the right to
suspend or terminate the Services to you and remove or prevent access to any
material 6. Miscellaneous You may not assign your rights
and obligations under this Agreement without the prior written consent from us, We have a responsibility to
ensure that each of our clients is provided with the best services we have
available. Pornography and sex-related
merchandising is prohibited on all our servers. This includes sites that may
infer sexual content
or links to adult content elsewhere. We will be the sole
arbiter in determining violations of this provision. Also prohibited are sites that
promote any illegal activity or present content that may be damaging to our
servers or any
other server on the Internet. Links to such materials are also
prohibited. We will be the sole arbiter as to what constitutes a violation of this provision. - Sites offering download files.
(This is any site where 20% or more of their monthly traffic is from file
downloads) Commercial Advertising - Email: Chat Rooms: IRC: Domain Pointing: Server Abuse: Refusal of Service: |
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